Monday, March 08, 2010

Today's Summary---More Standard of Review

OK, looks like our AFPDs have just one case summary today.

PATRICK J. HARRINGTON

Unpublished

http://www.ca6.uscourts.gov/opinions.pdf/10a0141n-06.pdf

The Defendant challenged his 120-month sentence for conspiracy to defraud and false statements to a grand jury as part of a SBA scam. He challenged the leadership enhancement under U.S.S.G. § 3B1.1(a) and the abuse of trust enhancement under U.S.S.G. § 3B1.3. The Court affirmed both enhancements, finding that under any of the varying degrees of review the enhancements would appropriately be applied.

The Court concluded that it was unnecessary to decide which standard of review applied because the Defendant's sentence withstood scrutiny under either standard. The Court recognized that the standard of review which applies to U.S.S.G. § 3B1.3 is subject to debate. Court looked at United States v. May, 568 F.3d 597, 602 (6th Cir. 2009) ("We review de novo the District Court’s determination that [the defendant] occupied a position of trust for the purpose of the Sentencing Guidelines.") and United States v. Lang, 333 F.3d 678, 682 (6th Cir. 2003) (applying a clearly-erroneous standard when the District Court’s application of § 3B1.3 was fact-bound).

The Court affirmed the sentence.

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